Why is ex taking me to court and not the CSA?

Walob555

I've recently received a letter from the HM Courts & Tribunal Service, MCOL (money claim online) with a claim for unpaid CSA payments from my ex. The amount contained within the claim is incorrect and vastly exaggerated.


I only had 14 days to reply and contacted the CSA immediately regarding the matter and I have this morning received their reply and it states that they will deal with the matter within the next two weeks but I have to reply to the court by tomorrow.


Does MCOL even have the jurisdiction to deal with this matter? I thought that the CSA had its own methods of reclaiming arrears but I have had nothing from them.


Any help or advise would be appreciated.

shoe*diva79

Pay the arrears you owe? I am assuming they are fairly large if the PWC feels the need to take you to court to reclaim them.

spacey2012

You should log in online and enter defend full claim.
If you do not file a defence on time the CCJ will be granted.

You get another 14 days to defend , you may have to add the CSA as defendant/ counter claim to bring them in to the fold.

Until you have a defence filed, forget the CSA, this is a two corner boxing match, you and the claimant, you must get a defence entered so it has to go to a hearing.

antrobus

Walob555 wrote: »

....Does MCOL even have the jurisdiction to deal with this matter? I thought that the CSA had its own methods of reclaiming arrears but I have had nothing from them.
.....

Possibly not.

The House of Lords has ruled that a resident parent has no right to enforce a claim for child maintenance against an absent parent if the Child Support Agency fails to ensure payment.
Kehoe v Secretary of State for Work and Pensions [2005]
https://anthonygold.co.uk/latest/legal-insight/ang_articles_law_lords_uphold_ruling

It appears to be based on s8 of the Child Support Act 1991 - "no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and absent parent concerned."

This might apply in your case. Not being a lawyer with experience of CSA law I wouldn't know. But you could ask someone who does.

spacey2012

antrobus wrote: »

Possibly not.

The House of Lords has ruled that a resident parent has no right to enforce a claim for child maintenance against an absent parent if the Child Support Agency fails to ensure payment.
Kehoe v Secretary of State for Work and Pensions [2005]
https://anthonygold.co.uk/latest/legal-insight/ang_articles_law_lords_uphold_ruling

It appears to be based on s8 of the Child Support Act 1991 - "no court shall exercise any power which it would otherwise have to make, vary or revive any maintenance order in relation to the child and absent parent concerned."

This might apply in your case. Not being a lawyer with experience of CSA law I wouldn't know. But you could ask someone who does.

I would start with that excellent bit of research as the defence point.

Walob555

Thanks for your replies spacey2012 and antrobus

Walob555

just wanted to post an update as I have finally received the decision from the court after I challenged them and it reads as follows..........


"the court having no jurisdiction it is ordered that the claim is struck out"


I am so happy

FBaby

I am so happy

The amount contained within the claim is incorrect and vastly exaggerated.

I assume you at least paid the arrears figure you agreed with as it seemed you were not arguing you did owe some?

Walob555

FBaby wrote: »

I assume you at least paid the arrears figure you agreed with as it seemed you were not arguing you did owe some?

Never 'assume' anything - I have been caught out many a time in the past by doing exactly that



I posted the update as I think that it is very important that NRPs are made aware that County Courts do not have jurisdiction over CSA cases. I initially thought that was the case and thanks to the two replies that my post got at the beginning, I stuck to my guns, challenged the claim and got the case struck out :T

FBaby

So you didn't pay the arrears you agreed you owed and you are pleased with yourself?

clearingout

and the impact of all of this on your children is......?